Terms and Conditions

Effective date of terms and conditions: October 30, 2015

These Terms of Service together with Contour Shave Club, Inc.’s Privacy Policy (http://www.ContourShaveClub.com/privacypolicy) provide the foundation between you (“your”, “member” or “customer”) and Contour Shave Club, Inc. (“we”, “us”, “our”, or “Site”). These Terms of Service set forth the legally binding terms and conditions for your use of the Site and the Services.

These terms and conditions govern your membership with Contour Shave Club, Inc. and use of this Site and services; by using this website or joining Contour Shave Club, Inc., you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this Site of join Contour Shave Club, Inc.

By joining Contour Shave Club, Inc. and/or using the Services we offer in any manner or form, including but not limited to visiting or browsing the Site, you agree to these Terms of Service and all other policies and procedures that may be published now or in the future on the Site by us without notice to you.

The Services we offer may be subject to additional terms and conditions specified by us; those additional terms and conditions may apply to all the services we offer.

These Terms of Service apply to all users of the Services, including, without limitation, members and non-members.

ARBITRATION NOTICE AND CLASS ACTION WAIVER: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND CONTOUR SHAVE CLUB, INC. WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

Eligibility

You must be at least 18 years of age to use this website. By registering with Contour Shave Club, Inc. and by agreeing to these terms and conditions, you warrant and represent that you are at least 18 years of age. If you are under 18 years of age but are at least 13 years old, you must use the Site with the consent of your parent or legal guardian and that you have received your parent’s or legal guardian’s permission to enter into this membership and site use Agreement. If you are a parent or legal guardian who is registering for a child, you hereby agree to bind your child to this Agreement and to fully indemnify, release and hold harmless Contour Shave Club, Inc. if your child breaches or disaffirms any term or condition of this Agreement. If you are under age 13, you may not, under any circumstances or for any reason, use the Services.

Joining or registering membership

To join Contour Shave Club, Inc. as a member, you must register for an account with your full name, address, telephone number, and email address. Your account must also include service access credentials: username and password. You must provide accurate and complete information and keep your account information updated.

You are solely responsible for the activity that occurs on your Account, and for keeping your Account password secure. You may never use another person’s user account or registration information for the Services without permission. You must notify us immediately of any change in your eligibility to use the Services (including any changes to or revocation of any licenses from state authorities), breach of security or unauthorized use of your Account. You should never publish, distribute or post login information for your Account. You shall have the ability to delete your Account, either directly or through a request made to Contour Shave Club, Inc.

Personal Information

Members and customers agree to provide accurate, current, and complete information as required for the purchase of products and memberships. Contour Shave Club, Inc. reserves the right to block further sales to Customers who provide false, inaccurate or incomplete data. Customer acknowledges that Contour Shave Club, Inc. uses a third party payment processing service to process orders and bill fees to the credit cards provided by customers or members.

Privacy

By using this Site and/or purchasing a Membership you consent to the collection, transfer, manipulation, storage, disclosure and other uses of your information as described in our Privacy Policy which is available at http://www.ContourShaveClub.com/privacypolicy. Irrespective of which country you reside in or supply information from, you authorize Contour Shave Club, Inc. to use your information in the United States and any other country where Contour Shave Club, Inc. operates and may operate in the future. It is advisable that you kindly read our Privacy Policy before using our services or submitting any information to us.

Please note that Contour Shave Club, Inc. and its third party service providers automatically collect various types of information about your visits to our Site, joining the Contour Shave Club, Inc., and/or use of our Services. Additionally, we collect other information automatically such cookies, web beacons, and other automated devices.

To help verify your unique identity for the purposes of preventing fraud and to help us improve our Site and Services, we and/or our third party service providers may employ techniques that extract and analyze information about your browser, operating system, and installed graphics hardware in conjunction with other user information (e.g. time-zone, language preference, IP address and the device, browser, domain name and operating system type etc.). We may also use third-party website analytics tools that collect information about visitor traffic on the Site to help us continue to improve the Site, performance and user experiences.

Contour Shave Club, Inc.’s Privacy Policy, located at the URL: http://www.ContourShaveClub.com/privacypolicy (the “Privacy Policy”), explains how Customers’ personally identifiable information is collected, used and disclosed. You hereby agree that we may use your personal information in accordance with the terms of the Privacy Policy, which is incorporated herein by this reference as though set forth in full.

We have provided the functionality that allows you to log on to our Site with your existing account Facebook (“Third Party Site Login Credentials”) and, if applicable, configure your privacy settings in your third party website account to permit your activities on this Site to be shared with your contacts in your third party Site account (as further detailed in our Privacy Policy at http://www.ContourShaveClub.com/privacypolicy). With that said, you agree that your use of any third party website through which you log in to this Site, your Third Party Site Login Credentials are governed by the terms and conditions of such third party website’s terms of use and privacy policy, including, without limitation, such third party website’s password and account security policies and user-generated content posting and acceptable use policies. Contour Shave Club, Inc. is not responsible for maintaining the confidentiality of your Third Party credentials. You are responsible for maintaining the confidentiality of your passwords, and you are responsible for all activities that occur using your passwords or accounts. You agree not to share your passwords, let anyone else access your passwords or do anything else that might compromise the security of your passwords. You agree to notify Contour Shave Club, Inc. if there is any unauthorized use of your password on this Site or if you know of any other breach of security in relation to this Site.

Site Content

Definition

The term “Content” or “Site content” includes, without limitation, information, data, text, photographs, videos, audio clips, written posts and comments, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on or through the Services. By registering or browsing the site, you acknowledge that all Content accessed by you while using the Services is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting therefrom. Contour Shave Club, Inc. does not guarantee that any Content you access from or through the Services is or will continue to be accurate.

Restrictions

The Services and Content on this Site are specifically provided by us or our partners and are protected by copyrights, trademarks, or other proprietary rights and laws. By joining the club or browsing this Site, you agree to abide by and maintain all copyright notices, information, and restrictions contained herein.

Content Use License

We authorise the non-exclusive and non-transferable use of the Content on this Site to our members. Members shall not sell, license, rent, or otherwise use or exploit any Content for commercial use or in any way that violates any third party right.

Third Party Services or Links

Third party services or contents may be linked to or reachable from our Site. You may access those third party services or content from our Site. However, doing so either from our Site of directly is at your own risk. Let it be noted that services or content on Third party sites are not under our control, and you agree that we are not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such third party websites or resources. The inclusion of any such link does not imply our endorsement or any association between us and their operators. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such website or resource.

Billing and Payments

Billing

We use a third-party payment processor (the “Payment Processor”) to bill you through a payment account linked to your Account on the Services (your “Billing Account”). The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to this Term of Service Agreement. We are not responsible for errors by the Payment Processor. By choosing to use Paid Services, you agree to pay us, through the Payment Processor, all charges at the prices then in effect for any use of such Paid Services in accordance with the applicable payment terms and you authorize us, through the Payment Processor, to charge your chosen payment provider (your “Payment Method”). You agree to make payments using that selected Payment Method. We reserve the right to correct any errors or mistakes that it makes even if it has already requested or received payment.

Payment method

The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method. If we, through the Payment Processor, do not receive payment from you, you agree to pay all amounts due on your Billing Account upon demand plus any applicable interest or fees.

Recurring billing

By joining the club and registering to become a member, you acknowledge and agree to make automatic monthly recurring payment through the payment method you provide while registering and that you accept responsibility for all recurring charges prior to cancellation. All recurring payments are fully earned upon payment. We may submit periodic charges (e.g., monthly) without further authorization from you, until you provide prior notice (receipt of which is confirmed by us) that you have terminated this authorization or wish to change your payment method. Such notice will not affect charges submitted before we reasonably could act. If you wish to terminate your authorization or change your payment method, go to www.ContourShaveClub.com

Updated information required

Members must provide updated, complete and accurate information for your billing purposes. Members have the obligation to promptly update all information required to keep their billing account current, complete and accurate. Billing information that must be accurate includes billing address, credit card number, and credit card expiration date), and you must promptly notify us or our payment processor if your payment method is cancelled (e.g., for loss or theft) or if you become aware of a potential breach of security, such as the unauthorized disclosure or use of your user name or password. Changes to such information can be made at www.ContourShaveClub.com If you fail to provide any of the foregoing information, you agree that we may continue charging you for any use of paid services under your billing account unless you have terminated your paid services as set forth above.

Change in amount authorized

If the amount to be charged to your Billing Account varies from the amount you preauthorized (other than due to the imposition or change in the amount of state sales taxes), you have the right to receive, and we shall provide, notice of the amount to be charged and the date of the charge before the scheduled date of the transaction. Any agreement you have with your payment provider will govern your use of your Payment Method. You agree that we may accumulate charges incurred and submit them as one or more aggregate charges during or at the end of each billing cycle.

Membership auto-renewal

Renewal of membership is automatically extended for successive renewal periods at the then-current non-promotional rate. To change or cancel your membership at any time, go to Account Settings at www.contourshaveclub.com/profile. . If you terminate your membership, you may use your membership until the end of your then-current term; your subscription will not be renewed after your then-current term expires. All fees related to membership services are fully earned upon payment.

Termination

We may terminate your access to all or any part of the Services at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your membership. If you wish to terminate your Account, you may do so by following the instructions on the Site or through the Services. Any fees paid hereunder are non-refundable. All provisions of these Terms of Service which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Warranty disclaimer

You acknowledge and agree we have no fiduciary duty to you and that we have no duty to take any action regarding what Content you access or how you may personally interpret or use the Site Content. You release us from all liability for you having acquired or not acquired Content through the Services. We make no representations concerning any Content contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, or legality of material or Content contained in or accessed through the Services.

THE SERVICES AND CONTENT ARE PROVIDED “AS IS”, “AS AVAILABLE” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. WE, AND OUR DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (I) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (III) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (IV) THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK.

Indemnification

You hereby indemnify us, our affiliates and each of our and their respective employees, contractors, directors, suppliers and representatives and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by us arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.

Limitations of liability

We, nor our staff (directors, employees, contractors, etc), agents, partners, suppliers will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this Site:

For any direct loss (profits, data, goods, etc)

For any indirect, special or consequential loss; or

For any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

For any direct damages in excess of (in the aggregate) of the greater of (A) fees paid to us for the particular Services during the immediately previous three (3) month period or (B) $100.00.

These limitations of liability apply even if we have been expressly advised of the potential loss.

Arbitration: YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND US (WHETHER OR NOT SUCH DISPUTE INVOLVES A THIRD PARTY) WITH REGARD TO YOUR RELATIONSHIP WITH US, INCLUDING WITHOUT LIMITATION DISPUTES RELATED TO THESE TERMS OF SERVICE, YOUR USE OF THE SERVICES, AND/OR RIGHTS OF PRIVACY AND/OR PUBLICITY, WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION UNDER THE AMERICAN ARBITRATION ASSOCIATION'S RULES FOR ARBITRATION OF CONSUMER-RELATED DISPUTES AND YOU AND WE HEREBY EXPRESSLY WAIVE TRIAL BY JURY; PROVIDED, HOWEVER, THAT TO THE EXTENT THAT YOU HAVE IN ANY MANNER VIOLATED OR THREATENED TO VIOLATE OUR INTELLECTUAL PROPERTY RIGHTS, WE MAY SEEK INJUNCTIVE OR OTHER APPROPRIATE RELIEF IN ANY STATE OR FEDERAL COURT IN THE STATE OF NEW YORK. DISCOVERY AND RIGHTS TO APPEAL IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT, AND OTHER RIGHTS THAT YOU AND WE WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION. As an alternative, you may bring your claim in your local “small claims” court, if permitted by that small claims court's rules and if within such court’s jurisdiction, unless such action is transferred, removed or appealed to a different court. You may bring claims only on your own behalf. Neither you nor we will participate in a class action or class-wide arbitration for any claims covered by this agreement to arbitrate. YOU ARE GIVING UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST US INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person's account, if we are a party to the proceeding. This dispute resolution provision will be governed by the Federal Arbitration Act and not by any state law concerning arbitration. In the event the American Arbitration Association is unwilling or unable to set a hearing date within one hundred and sixty (160) days of filing the case, then either we or you can elect to have the arbitration administered instead by the Judicial Arbitration and Mediation Services. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with these Terms of Service. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of the Services or these Terms of Services must be filed within one (1) year after such claim of action arose or be forever banned.

Severability: If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration section will be null and void. This arbitration agreement will survive the termination of your relationship with us.

Governing law and jurisdiction

These Terms of Service shall be governed by and construed in accordance with the laws of the State of Georgia, including its conflicts of law rules, and the United States of America. You agree that any dispute arising from or relating to the subject matter of these Terms of Service shall be governed by the exclusive jurisdiction and venue of the state and Federal courts of Gwinnett County, Georgia.

Modification

We reserve the right, in our sole discretion, to modify or replace any of these Terms of Service, or change, suspend, or discontinue the Services (including without limitation, the availability of any feature, database, or content) at any time by posting a notice on the Site or by sending you notice through the Services, via e-mail or by another appropriate means of electronic communication. We may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability. While we will timely provide notice of modifications, it is also your responsibility to check these Terms of Service periodically for changes. Your continued use of the Services following notification of any changes to these Terms of Service constitutes acceptance of those changes.

Other

Entire agreement and severability

These Terms of Service are the entire agreement between you and us with respect to the Services, including use of the Site, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and us with respect to the Services. If any provision of these Terms of Service is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms of Service will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder

Force Majeure

We shall not be liable for any failure to perform our obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation.

Assignment

These Terms of Service are not assignable or transferable by you except with our prior written consent. We maintain the right to assign, transfer or delegate any of our rights and obligations in these Terms of Service without consent.

Agency

No agency, partnership, joint venture, or employment relationship is created as a result of these Terms of Service and neither party has any authority of any kind to bind the other in any respect.

Notices

Unless otherwise specified in these Term of Service, all notices under these Terms of Service will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service. Electronic notices should be sent to [email protected]

No Waiver

Our failure to enforce any part of these Terms of Service shall not constitute a waiver of our right to later enforce that or any other part of these Terms of Service. Waiver of compliance in any particular instance does not mean that we will waive compliance in the future. In order for any waiver of compliance with these Terms of Service to be binding, we must provide you with written notice of such waiver through one of our authorized representatives.

Contact

You may contact us at the following address: Contour Shave Club, Inc.,4850 Sugarloaf Parkway,Ste 209-335, Lawrenceville, GA 30044.